89.145. Peripheral zoning by certain cities--approval by county commission, hearing, notice--termination.
Peripheral zoning by certain cities--approval by county commission,hearing, notice--termination.
89.145. 1. Any constitutional charter city having apopulation of more than thirty-five thousand inhabitants, locatedin any county of the first class not having a charter form ofgovernment or in any county of the second class, may, byordinance, adopt and enforce any and all regulations governingzoning, planning, subdivision and building within allunincorporated area extending up to two miles outward from thecorporate limits of the city if the city has a zoning commissionand a board of adjustment established pursuant to sections 89.010to 89.140. When authorized by ordinance, the zoning commissionand the board of adjustment of the city shall have the samepowers within the above county as they have within the corporatelimits of the city.
2. The ordinances, before passage, must be approved byorder of a majority of the county commission of the county inwhich the city is located and the ordinances shall not be more,but may be less, restrictive than the ordinances governingzoning, planning, subdivision and building within the corporatelimits of the city. Before the approval of the ordinance, thecounty commission shall hold at least one public hearing thereon,fourteen days' notice of the time and place of which shall bepublished in at least one newspaper having general circulationwithin the county; the notice of such hearing shall also beposted at least fourteen days in advance thereof in one or morepublic areas of the courthouse of the county. Such hearing maybe adjourned from time to time.
3. In the event the county in which such city is locatedcreates a county planning commission and the planning commissionadopts an official master plan for the unincorporated areas ofthe county in accordance with the authority granted by sections64.211 to 64.295, RSMo, or by sections 64.510 to 64.690, RSMo,the authority granted such constitutional charter city under theterms of this section shall terminate.
(L. 1959 S.B. 102, A.L. 1974 1208, A.L. 1992 S.B. 571)Effective 7-9-92